<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by
[email protected]:
i would like to know if child support can be terminated for children ages 20 and 19, they both have graduated from high school with no intentions of college. they both have full time jobs, and reside in new york where the divorce took place. also payment of child support has exceeded up through 3.13 years ahead of court ordered payments. which would make the payments up through the year 2003. can child support be terminated?
please e-mail me at [email protected] at your earliest convenience.
thank you
diane soroka<HR></BLOCKQUOTE>
My response:
Yes, in light of the following law, you still need to Petition the court for termination, and review of your payments, if what you are saying is accurate.
IAAL
New York Consolidated Family Court Statute § 413. Parents' duty to support child. 1. (a) Except as provided in
subdivision two of this section, the parents of a child under the age of
twenty-one years are chargeable with the support of such child and, if
possessed of sufficient means or able to earn such means, shall be
required to pay for child support a fair and reasonable sum as the court
may determine. The court shall make its award for child support pursuant
to the provisions of this subdivision. The court may vary from the
amount of the basic child support obligation determined pursuant to
paragraph (c) of this subdivision only in accordance with paragraph (f)
of this subdivision.
(b) For purposes of this subdivision, the following definitions shall
be used:
(1) "Basic child support obligation" shall mean the sum derived by
adding the amounts determined by the application of subparagraphs two
and three of paragraph (c) of this subdivision except as increased
pursuant to subparagraphs four, five, six and seven of such paragraph.
(2) "Child support" shall mean a sum to be paid pursuant to court
order or decree by either or both parents or pursuant to a valid agree-
ment between the parties for care, maintenance and education of any
unemancipated child under the age of twenty-one years.
(3) "Child support percentage" shall mean:
(i) seventeen percent of the combined parental income for one child;
(ii) twenty-five percent of the combined parental income for two chil-
dren;
(iii) twenty-nine percent of the combined parental income for three
children;
(iv) thirty-one percent of the combined parental income for four chil-
dren; and
(v) no less than thirty-five percent of the combined parental income
for five or more children.
(4) "Combined parental income" shall mean the sum of the income of
both parents.
(5) "Income" shall mean, but shall not be limited to, the sum of the
amounts determined by the application of clauses (i), (ii), (iii), (iv),
(v) and (vi) of this subparagraph reduced by the amount determined by
the application of clause (vii) of this subparagraph:
(i) gross (total) income as should have been or should be reported in
the most recent federal income tax return. If an individual files
his/her federal income tax return as a married person filing jointly,
such person shall be required to prepare a form, sworn to under penalty
of law, disclosing his/her gross income individually;
(ii) to the extent not already included in gross income in clause (i)
of this subparagraph, investment income reduced by sums expended in
connection with such investment;
(iii) to the extent not already included in gross income in clauses
(i) and (ii) of this subparagraph, the amount of income or compensation
voluntarily deferred and income received, if any, from the following
sources:
(A) workers' compensation,
(B) disability benefits,
(C) unemployment insurance benefits,
(D) social security benefits,
(E) veterans benefits,
(F) pensions and retirement benefits,
(G) fellowships and stipends, and
(H) annuity payments;
(iv) at the discretion of the court, the court may attribute or impute
income from, such other resources as may be available to the parent,
including, but not limited to:
(A) non-income producing assets,
(B) meals, lodging, memberships, automobiles or other perquisites that
are provided as part of compensation for employment to the extent that
such perquisites constitute expenditures for personal use, or which
expenditures directly or indirecly confer personal economic benefits,
(C) fringe benefits provided as part of compensation for employment,
and
(D) money, goods, or services provided by relatives and friends;
(v) an amount imputed as income based upon the parent's former
resources or income, if the court determines that a parent has reduced
resources or income in order to reduce or avoid the parent's obligation
for child support;
(vi) to the extent not already included in gross income in clauses (i)
and (ii) of this subparagraph, the following self-employment deductions
attributable to self-employment carried on by the taxpayer:
(A) any depreciation deduction greater than depreciation calculated on
a straight-line basis for the purpose of determining business income or
investment credits, and
(B) entertainment and travel allowances deducted from business income
to the extent said allowances reduce personal expenditures;
(vii) the following shall be deducted from income prior to applying
the provisions of paragraph (c) of this subdivision:
(A) unreimbursed employee business expenses except to the extent said
expenses reduce personal expenditures,
(B) alimony or maintenance actually paid to a spouse not a party to
the instant action pursuant to court order or validly executed written
agreement,
(C) alimony or maintenance actually paid or to be paid to a spouse
that is a party to the instant action pursuant to an existing court
order or contained in the order to be entered by the court, or pursuant
to a validly executed written agreement, provided the order or agreement
provides for a specific adjustment, in accordance with this subdivision,
in the amount of child support payable upon the termination of alimony
or maintenance to such spouse,
(D) child support actually paid pursuant to court order or written
agreement on behalf of any child for whom the parent has a legal duty of
support and who is not subject to the instant action,
(E) public assistance,
(F) supplemental security income,
(G) New York city or Yonkers income or earnings taxes actually paid,
and
(H) federal insurance contributions act (FICA) taxes actually paid.
(6) "Self-support reserve" shall mean one hundred thirty-five percent
of the poverty income guidelines amount for a single person as reported
by the federal department of health and human services. For the calendar
year nineteen hundred eighty-nine, the self-support reserve shall be
eight thousand sixty-five dollars. On March first of each year, the
self-support reserve shall be revised to reflect the annual updating of
the poverty income guidelines as reported by the federal department of
health and human services for a single person household.
(c) The amount of the basic child support obligation shall be deter-
mined in accordance with the provision of this paragraph:
(1) The court shall determine the combined parental income.
(2) The court shall multiply the combined parental income up to eighty
thousand dollars by the appropriate child support percentage and such
amount shall be prorated in the same proportion as each parent's income
is to the combined parental income.
(3) Where the combined parental income exceeds the dollar amo
